Did Pentagon chief Austin's secret hospitalization break the rules?
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[January 09, 2024]
By Jack Queen
(Reuters) - U.S. Secretary of Defense Lloyd Austin may have violated the
law by failing to report his recent hospitalization to his boss, but
likely only faces a reprimand from U.S. President Joe Biden, despite
some calls for his resignation, two legal experts said on Monday.
WHAT DID AUSTIN DO?
Austin, 70, was admitted on New Year's Day to an Intensive Care Unit at
Walter Reed National Military Medical Center for what the Pentagon has
said were "complications following a recent elective medical procedure,"
a fact the Defense Department kept under wraps for five days.
Austin sits just below Biden atop the chain of command of the U.S.
military but his staff did not inform the White House of his condition
for three days, and even his own top deputy was kept in the dark.
PUBLIC, PRIVATE PROTOCOL
His handling of the situation appeared to be a stark breach of protocol
for high-ranking cabinet officials, who typically inform the public of
planned medical absences ahead of time and identify who will be filling
in for them.
Austin's duties require him to be available at a moment's notice to
respond to any national security crisis. He said on Saturday that he
"could have done a better job" and took "full responsibility" for the
secrecy over his hospitalization.
White House officials have said Biden still has "complete confidence" in
Austin, who remains in the hospital but has returned to his regular
duties.
WHAT RULES MIGHT HE HAVE BROKEN?
Legal experts said Austin may have violated a U.S. law on "reporting of
vacancies" that requires executive agencies to report top-level absences
and the names of anyone serving in an acting capacity to both houses of
Congress. The law is largely procedural and does not spell out any
penalties for lapses.
Legal experts said that Austin appears to have clearly violated the rule
but will likely face only a reprimand and a warning from Biden. Any top
deputies or staff responsible could face similar consequences.
Austin may have also violated internal U.S. Department of Defense
protocols, and officials say they are conducting a full review of the
incident to determine how future lapses could be prevented.
WHEN DID HE TALK TO BIDEN?
Austin spoke to Biden, National Security Advisor Jake Sullivan and
Secretary of State Antony Blinken on the morning of Jan. 1 before he
went to the hospital, the White House said. The "secure conference call"
was about the Middle East. Biden was in St. Croix on vacation at the
time.
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U.S. Secretary of Defense Lloyd J. Austin III participates in the
Virtual Red Sea Security Summit at NAVCENT headquarters in Manama,
Bahrain December 19, 2023. Chad McNeeley/Office of the Secretary of
Defense Public Affairs/Handout via REUTERS/File Photo
There was then no contact with the White House or National Security
Council until Jan. 4, the White House said. Biden and Austin next
spoke on Jan. 6, the White House said.
White House officials said Biden continued to be briefed on national
security issues by other officials during Austin's hospitalization,
and the president received his daily national security briefing
prepared by the intelligence community. The daily briefing includes
input from the Defense Department but is not produced by them.
WHAT DOES CONGRESS SAY?
Congressional leaders are calling for an inquiry.
Lawmakers from both parties said they were deeply concerned that the
president did not know his top civilian commander was hospitalized
for three days at a time when wars are being fought in Gaza and
Ukraine.
U.S. Senator Roger Wicker, the highest-ranking Republican on the
Senate Armed Services Committee, said on Saturday that the situation
was "unacceptable" and demanded a "full accounting of the facts
immediately."
Former President Donald Trump, who is Biden's likely Republican
challenger in the 2024 election, said on Sunday night that Austin
should be fired for his "improper professional conduct and
dereliction of duty."
Democratic Senator Jack Reed, the chair of the Senate Armed Services
Committee, said: "This lack of disclosure must never happen again."
PENTAGON REVIEW
Asked if the general counsel's office at the Defense Department
believed Austin violated laws, chief Pentagon spokesperson Air Force
Major General Patrick Ryder told reporters: "We are considering the
impact of any statutory reporting requirements and will provide
updates as appropriate."
He later added that the reporting requirements being examined would
not just involve Congress. "It's to Congress, the White House or
anyone else," he said.
(Reporting by Jack Queen, Phil Stewart, and Trevor Hunnicutt;
Editing by Heather Timmons and Rosalba O'Brien)
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